In response to member requests, the League has prepared the League’s Sample Resolution opposing S-4736, which preempts certain local zoning and enhances the ability of religious and nonprofit organizations to convert certain property to inclusionary developments with affordable housing. Please consider adopting this resolution.
S-4736 preempts local zoning and planning regulations and requires a municipal planning board to permit the conversion or partial conversion of an eligible property, as defined in the bill, into an inclusionary development, for which a certain percentage of the units are reserved as very low-, low-, or moderate-income housing (affordable housing).
The conversion of an eligible property into an inclusionary development with affordable housing would be a permitted use and would not require a use variance, and would be subject to certain zoning requirements and the following affordability constraints:
- At least 20% of the units are required to be reserved as very-low, low-, or moderate-income housing;
- Of the income-restricted units, at least 50% within each bedroom distribution are required to be low-income units, and at least 13% of the low-income units as very-low-income units; and
- The income-restricted units are required to comply with the State’s Uniform Housing Affordability Controls.
The bill requires a municipal planning board to approve an application to repurpose or redevelop an eligible property into an inclusionary development with affordable housing, regardless of the eligible property’s location in the municipality, if the project complies with applicable zoning requirements, as described in the bill. The bill specifies certain permitted density and height criteria.
Contact: Paul Penna, Director of Government Affairs, ppenna@njlm.org, 609-695-3481, x110.